In a civil writ petition challenging the denial of promotion as Lecturers, the petitioner sought writ jurisdiction directing the State to promote them. The court held that since promotion is a privilege and no legal right was established, extraordinary writ jurisdiction was not invocable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No.13346 of 2008 DATE OF DECISION : AUGUST 9, 2010
TARA SINGH & ORS.
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Kapil Kakkar, Advocate, for the petitioner(s). Ms. Charu Tuli, Sr. DAG, Punjab.
AJAI LAMBA, J. (Oral)
Civil Writ Petition No.13346 of 2008
2
the parties.
“1. That the petitioners No.1, 4 and 7 are not eligible for the promotion as the last promotee in this category of scheduled Caste in history lecturers is the person who joined the service on 29-10-1993 where as the petitioners have joined on dated 3-5-94, 24-2-94 and 24-02-94 respectively. That the petitioners No.2, 3 and 5 who join service on 26-294, 19-4-94 and 16-4-94 are not eligible for the promotion as there are already more then required lecturers in the subject of political science in Schedule Caste category, in the subject no promotion has been made at all in the category. That the petitioner No.6 is also not eligible for the promotion as the persons who has joined service up to 14-1-1988 has been promoted to the post of lecturer Punjabi in the category of Schedule Caste while the petitioner No.6 joined the service on 8-4-1994.”
Civil Writ Petition No.13346 of 2008
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promoted to the post of Lecturer, from the post of S.S. Masters.
2 issues framed by the court
Whether writ jurisdiction under Article 226 can be invoked to direct the respondents to promote the petitioners given the discretionary nature of promotion.
Whether the petitioners have a legal right to promotion that warrants interference by the High Court.
1 provisions across 1 enactments
TARA SINGH & ORS.
STATE OF PUNJAB & ORS.
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
